Mr. Pravin D. KhatauVsMr. Nilesh Modi And Anr

Date: 15-11-2019
Business: Matter called out at 11.10 a.m.
By preceipe.
Advocate Dalal for plaintiff present and filed unregistered notice of motion with affidavit in support.  Leave granted.
Advocate P. D. Gandhi @ Defendant no.1 present and filed vakalatama, t.o.r Exh-1
Plaint.Exh-2
Vakalatnama.Exh-3
Memorandum address.Exh-4
List of documents.Exh-5
Vakalatnama filed by advocate for Defendant no.1.
Heard arguments of both sides in respect of draft Notice of motion.
F.R.S.R. following order is passed-
                      ORDER
1. Ad-interim prayer granted in terms of prayer clause (a) (ii) till the decision of the Notice of Motion.
2. Plaintiff to register the Notice of Motion.
3. Parties to act on steno copy.
Matter is adjd. to 07/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Matter is called out at 4.25pm
Adv.Anirban Sen for plaintiff present.
Adv.Preet Chawda for defendant no.1 present.
Plaintiff seeking time. Time granted.
Matter is adj to 30/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Matter is called out at 4.50pm
Adv.Shivani P. i/b M/s Hariani and Company for plaintiff present.
Adv.Preet Chawda for defendant no.1 present.
Plaintiff advocate seeking time on the ground that settlement talks are going on.
Matter is adj to 26/02/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Matter is called out at 2.51pm
Adv.Veer Kanharia h/f Pradeep Gandhy for defendant present.
Plaintiff and his advocate absent.
Matter is adj to 30/03/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Due to Covid-19 none present.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Due to Covid-19 none present.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Plaintiff and defendant absent.
Their advocate absent.
Matter adjd for settlement on 08/04/2021.
L.O. Adv for defendant no.1 present.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv S. Chaudhary for plaintiff present.
Adv for B.N.Jadhav I/b Adv P.D.Gandhy for defendant no.1 present. He tendered draft N.M. along with affidavit in support. Leave is granted to register.
Matter adjd for reply and hearing in N.M. on 07/07/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Zubin Dalal I/b FZB and Associates  a/w C. A. of plaintiff namely Anil Nambiar present and filed vakalatnama t.o.r. marked as Exh.7
Adv. B. N. Jadhav I/b P. D. Gandhi  a/w defendant  no. 1 present.
 C. A. of plaintiff and defendant no. 1   filed consent terms t.o.r. marked as Exh.8
None for defendant no. 2
Consent terms are signed by C.A. of the plaintiff and defendant no. 1 as an Escrow Agent. Adv. B. N. Jadhav and Adv. Ferzana Behramkamdin have also signed consent terms Exh. 8. Considering contents in Escrow agreement and details in email of defendant No. 2 (who is brother of the plaintiff ), both sides have worked out the aspect of custody of mother\''s jewelery. Limited issue of diamond ring is sorted out by depositing Rs. 1,50,000/- in the account of defendant no. 2 and custody of diamond ring is handed over as per receipt annexure 4 to consent terms Exh. 8 to the plaintiff. As purpose of entering into Escrow agreement is served and there is nothing more to be done in accordance with the said Escrow agreement, consent terms Exh. 8 can be considered  while allowing unconditional withdrawal of the suit against deft. no. 2. Further more,  defendant no. 2 is duly served with writ of summons as per affidavit of service dtd. 13-11-2019 and he has knowledge of the present suit proceeding. He has also been served with notice of motion as per affidavit of service dtd. 14-11-2019.  Hence,  I pass  the following order -
Order
1. S.C. Suit NO. 2734/19 is disposed of as withdrawn against deft. no. 2.
2. S.C. Suit no. 2734/19 is disposed of in terms of consent terms Exh. 8
3. Parties shall bear their own costs.
4. Court fees shall be refunded as per rules.
5. NM No.  1470/21 and NM No.  4237/19 disposed of.
6. Proceeding of present suit as well as NM No.  1470/21
and NM No.  4237/19  are closed.
Nature Of Disposal: OTHER
Disposal Date: 30-08-2022

Main Case No: SUIT/0102734/2019
Main Cnr: MHCC010103812019
Main Filing No: 111447

Registration Number: 104237/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Filing Number: 112404/2019
Filing Date: 15-11-2019
First Hearing Date: 15th November 2019
Decision Date: 30th August 2022
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE